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State marijuana law clashes with federal authority

Patients, doctors caught in confusion

By Ilissa Gilmore

The South End

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Published: Tuesday, November 10, 2009

Updated: Tuesday, November 10, 2009

dogweed

Ilissa Gilmore / The South End

Jane Stewart [left], a medical marijuana patient, said that medical marijuana laws need reform because patients have a hard time getting the plant, as well as permission from physicians. Samantha Cox [right] Stewart’s daughter and caregiver, grows the marijuana.

weed

Courtesy Jane Stewart

Due to the high cost of medical marijuana, Cox decided to grow her own plants for her two patients, including her mother, Stewart. After teaching herself how to grow, Cox has harvested a variety of marijuana strains, such as: Mango, Blueberry, Superbud, Master Kush and AK-47. Each has different uses; for example, Master Kush is very mild and helps Stewart function during days at school. AK-47 increases appetite and helps Stewart eat.

Last November, 63 percent of voters legalized medical marijuana in Michigan, making it the 13th state to do so. Since then, it’s been a year of highs and lows for Wayne State senior Jane Stewart.


Stewart, 51, was diagnosed 11 years ago with common variable immunodeficiency, an incurable disease similar to AIDS and lupus, essentially leaving a person with no immune system making them extremely susceptible to infections.


Last semester, she had to withdraw from classes. This semester, her health makes it so she has to use a scooter to get around campus.


She began using medical marijuana three years ago to lessen the adverse side effects of her disease, as well as the treatments that left her nauseated, sleepless and unable to concentrate, among other problems.


It has improved her quality of life by reducing the amount of prescribed opiates she takes, such as Vicodin, fentanyl and morphine.


Under the guidance of the Michigan Coalition for Compassionate Care, a state-wide organization committed to obtaining medical marijuana for patients, Stewart started the student organization Warriors for Medical Marijuana last year, in order to educate people about medical marijuana and encourage voters to legalize it.


For her and similar patients, the triumph of state legalized marijuana became fleeting due to the almost universal confusion in the medical community.


Because marijuana is still federally illegal, some doctors are hesitant to sign the paperwork they need in order to procure the identification card that clears them of any wrongdoing.
“It’s a big problem for patients,” Stewart said. She would know, as she was one of them.
“The biggest problem was getting the card,” she said. “So many doctors in Michigan are afraid to sign. My doctors [were] afraid to sign my paperwork.”


Without the ID, she said she could lose the financial aid she receives from the Michigan Rehabilitation Services, her social security and her Medicaid — and therefore, her life.
Situations like this happen all the time, according to Detroit lawyer Matthew Abel, who specializes in marijuana law.


“The only thing they [doctors] have to worry about is if they prescribe it to someone who doesn’t need it,” he said. “As long as they’re using their honest judgment, they should be fine.


“This issue’s just in its infancy, and there’s a lot of problems with it,” he said. “It’s continually changing.”


One problem is with doctors’ Drug Enforcement Administration certification, which considers marijuana illegal to prescribe.


“That’s the law,” he said. “No doctors are forced to do anything. [But] doctors need to be educated. Patients need to take it on themselves to educate doctors.”


It is possible for a patient to file a complaint against a physician or find another doctor to sign, Abel said.


Stewart said there are clinics all over Michigan willing to sign paperwork — for $200. Unable to afford what she considers to be her right, she was able to find a physician who signed for free.


“At least I won’t go to jail now,” she said. “At least I won’t lose my insurance.”
Stewart’s doctors were unavailable for comment.


Another problem that patients face is actually getting the marijuana they need.
“We have no way of getting our marijuana, unless we grow it ourselves,” she said.
That’s exactly what Stewart’s daughter and caregiver, Samantha Cox, took upon herself to do.


“It’s hard to watch your parent wither away,” she said. “It’s really sad, and it’s really hard, and it makes you want to do something.”


Cox, 26, taught herself how to grow and harvest marijuana, which she said is “a trial and error thing.”


“There’s a lot of time and energy invested in it,” she said. “When you lose a plant, you have to start over, and that, at least, takes three weeks for roots to come in.”


She buys clones, a piece of plant with roots, from other caregivers for prices ranging from $20 to $40. She then uses her own organic soil in which to plant them.


Her greenhouse is a converted camper with a lock and lights, donated by other marijuana patients. A printed copy of the marijuana law hangs on one of the walls.


Cox not only grows for her mother but for her other patient, her boyfriend, who has a degenerative disc in his back. With two patients and the legal limit of 12 plants each, she said she’s “got to keep that garden going.”


“I have to be there every day; I can’t be gone,” she said. “Those [plants] are my children — those are my baby girls.”


Cox has even begun experimenting with different strains and wants to invent her own. She said she would like to attend Michigan State University for a degree in agriculture and grow for the state of Michigan.


“But until it’s federal law, I ain’t doing nothing,” she said.


Though things may be looking better for Stewart, she said that there are other patients who need help. The first step in getting it, she said, is admitting they use marijuana.
“There’s still a lot of pot smokers in the closet,” she said. “It’s time to come out.”

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5 comments

Matt
Mon Nov 16 2009 18:27
I feel bad for anyone suffering of any disease, make sure that is know. But I guarantee everyone that there is more stoners out there pushing these marijuana laws than there is patients who could or should benefit from medical marijuana. For the most part, the only people who rant about medical marijuana are people who have and always will smoke marijuana. This woman's daughter says she wants to go to MSU for an agriculture degree. Good for her. But before you fill out the application try smoking less weed and speak proper english. " “But until it’s federal law, I ain’t doing nothing,” she said." Complete stoner white trash. Before you know it everyone wants to smoke and grow weed b/c they have some random ailment. Leave this up to science and research. Not stoners looking for easy weed.
kreeee
Wed Nov 11 2009 14:06
smokin' wee diskey
Your name
Wed Nov 11 2009 00:27
My daughter has CVID and I've never, in the 12 years since she was diagnosed and I started participating with the national group, have heard of any patient needing marijauna for it. Sounds like a seeker to me. P.S. CVID is not similar to AIDS or Lupus ( which is an autoimmune condition). Do a little research first.
Sand Lake
Tue Nov 10 2009 18:00
( I still don't see how doctors can prescribe medical marijuana and it is still illegal )
Well they do not prescribe as stated on the State of Mi site. Physicians confirm their patients qualifing illness on the application for MMR.
WestLeeArt
Tue Nov 10 2009 14:50
I still don't see how doctors can prescribe medical marijuana and it is still illegal. How long is it going to take the government to realize the importance of medical marijuana and finally legalize it nation wide and take it off the public enemy #1 list. Even cocaine is not on the class one drug list and it is a much more harmful and addictive drug than marijuana. one day it will all be different. and stewart is right, the pot smokers of American need to rise up and show "our" true colors.






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